Our Firm recently acted for a client who was facing a dangerous driving charge, which were subsequently withdrawn by the prosecution. The charge for dangerous driving is found in the Road Safety Act 1986 (VIC), section 64. Our client was charged under s 64(1), as the police alleged that they had operated a vehicle at a speed or manner which was dangerous to the public.
The leading case law for dangerous driving is R v De Montero; DPP v De Montero [2009] VSCA 255. The court espoused the following principles that would need to be considered when assessing if dangerous driving could be proven:
- The accused was driving in a manner that involved a serious breach of the proper management or control of his vehicle such as to merit criminal punishment.
- The breach must be serious as to be in reality potentially dangerous to other members of the public that may at the time be upon the vicinity of the roadway.
- The manner of driving created a considerable risk of serious injury or death to members of the public.
- The risk so created significantly exceeded that which is ordinarily associated with being on or near a highway.
- In determining whether the manner of driving was ‘dangerous’, the test is an objective one.
We were able to argue that there were no road users at the time, as such, there was no considerable risk of danger to other members of the public. As well, that the accused was in full control of the vehicle whilst driving it. Lastly, the police did not have the precise speed of the vehicle, the police had used a speed measuring system by following the car at the same distance for a period. Our firm argued that due to the speed estimate, it would be prejudicial to rely on the evidence as it was unfair towards our client.
If you have been charged by the police for a driving offence, please do not plead straight away. There may be ways for your lawyers to get you out of trouble or at least get some charges dropped.
